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Administrative Procedures Act
The Administrative Procedure Act (APA), , is the United States federal statute that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations, and it grants U.S. federal courts oversight over all agency actions. According to Hickman & Pierce, it is one of the most important pieces of United States administrative law, and serves as a sort of "constitution" for U.S. administrative law. The APA applies to both the federal executive departments and the independent agencies. U.S. senator Pat McCarran called the APA "a bill of rights for the hundreds of thousands of Americans whose affairs are controlled or regulated" by federal government agencies. The text of the APA can be found under Title 5 of the United States Code, beginning at Section 500. Section 702 of the APA waives sovereign immunity, allowing people to sue a federal agency in court for non-monetary relief, such as an injunction or a declarato ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patrick McCarran
Patrick Anthony McCarran (August 8, 1876 – September 28, 1954) was an American farmer, attorney, judge, and Democratic Party (United States), Democratic politician who represented Nevada in the United States Senate from 1933 until 1954. McCarran was born in Reno, Nevada, attended Nevada State University (now the University of Nevada, Reno), and was a farmer and rancher. In 1902, he won election to the Nevada Assembly but left office in 1905 after an unsuccessful campaign for the Nevada State Senate. He studied law privately and was admitted to the bar in 1905, then won election as Nye County, Nevada, Nye County District Attorney. He served a two-year term, after which he returned to Reno. From 1913 to 1919, McCarran was a justice of the Supreme Court of Nevada, serving as chief justice from 1917 to 1919. His support for the aviation industry was well known and resulted in Las Vegas, Nevada, Las Vegas's McCarran Field (now Harry Reid International Airport) being named in his hon ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Government Organization And Employees
A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a means by which organizational policies are enforced, as well as a mechanism for determining policy. In many countries, the government has a kind of constitution, a statement of its governing principles and philosophy. While all types of organizations have governance, the term ''government'' is often used more specifically to refer to the approximately 200 independent national governments and subsidiary organizations. The main types of modern political systems recognized are democracies, totalitarian regimes, and, sitting between these two, authoritarian regimes with a variety of hybrid regimes. Modern classification systems also include monarchies as a standalone entity or as a hybrid system of the main three. Historically prevalent forms ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Injunction
An injunction is an equitable remedy in the form of a special court order compelling a party to do or refrain from doing certain acts. It was developed by the English courts of equity but its origins go back to Roman law and the equitable remedy of the "interdict". "When a court employs the extraordinary remedy of injunction, it directs the conduct of a party, and does so with the backing of its full coercive powers."'' Nken v. Holder''556 U.S. 418, 428 (2009) (citation and internal quotation marks omitted). A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment. They can also be charged with contempt of court. Rationale The injunction is an equitable remedy that was created by the English courts of equity. Like other equitable remedies, it has traditionally been given when a wrong cannot be effectively remedied by an award of money damages. (The doctrine that reflects this is the req ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sovereign Immunity In The United States
In United States law, the federal government as well as state and tribal governments generally enjoy sovereign immunity, also known as governmental immunity, from lawsuits. Local governments in most jurisdictions enjoy immunity from some forms of suit, particularly in tort. The Foreign Sovereign Immunities Act provides foreign governments, including state-owned companies, with a related form of immunity—state immunity—that shields them from lawsuits except in relation to certain actions relating to commercial activity in the United States. The principle of sovereign immunity in US law was inherited from the English common law legal maxim , meaning "the king can do no wrong." In some situations, sovereign immunity may be waived by law. Sovereign immunity falls into two categories: *Absolute immunity: When absolute immunity applies, a government actor may not be sued for the allegedly wrongful act, even if that person acted maliciously or in bad faith; and *Qualified immun ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Code
The United States Code (formally The Code of Laws of the United States of America) is the official Codification (law), codification of the general and permanent Law of the United States#Federal law, federal statutes of the United States. It contains 53 titles, which are organized into numbered sections. The U.S. Code is published by the United States House of Representatives, U.S. House of Representatives' Office of the Law Revision Counsel. New editions are published every six years, with cumulative supplements issued each year.About United States Code . Gpo.gov. Retrieved on 2013-07-19. The official version of these laws appears in the ''United States Statutes at Large'', a chronological, uncodified compilation. Codification Process The official text of an Act of Cong ...[...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pat McCarran
Patrick Anthony McCarran (August 8, 1876 – September 28, 1954) was an American farmer, attorney, judge, and Democratic politician who represented Nevada in the United States Senate from 1933 until 1954. McCarran was born in Reno, Nevada, attended Nevada State University (now the University of Nevada, Reno), and was a farmer and rancher. In 1902, he won election to the Nevada Assembly but left office in 1905 after an unsuccessful campaign for the Nevada State Senate. He studied law privately and was admitted to the bar in 1905, then won election as Nye County District Attorney. He served a two-year term, after which he returned to Reno. From 1913 to 1919, McCarran was a justice of the Supreme Court of Nevada, serving as chief justice from 1917 to 1919. His support for the aviation industry was well known and resulted in Las Vegas's McCarran Field (now Harry Reid International Airport) being named in his honor. In 1932, McCarran unseated incumbent Republican Tasker Oddie and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Senate
The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and House have the authority under Article One of the United States Constitution, Article One of the Constitution of the United States, U.S. Constitution to pass or defeat federal legislation. The Senate also has exclusive power to confirm President of the United States, U.S. presidential appointments, to approve or reject treaties, and to convict or exonerate Impeachment in the United States, impeachment cases brought by the House. The Senate and the House provide a Separation of powers under the United States Constitution, check and balance on the powers of the Federal government of the United States#Executive branch, executive and Federal judiciary of the United States, judicial branches of government. The composition and powers of the Se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Independent Agencies Of The United States Government
In the Federal government of the United States, United States federal government, independent agencies are List of federal agencies in the United States, agencies that exist outside the United States federal executive departments, federal executive departments (those headed by a United States Cabinet, Cabinet secretary) and the Executive Office of the President of the United States, Executive Office of the President. In a narrower sense, the term refers only to those independent agencies that, while considered part of the Executive branch of the United States, executive branch, have administrative law, regulatory or rulemaking authority and are insulated from presidential control, usually because the president's power to dismiss the agency head or a member is limited. Established through separate United States Code, statutes passed by United States Congress, Congress, each respective Organic law, statutory grant of authority defines the goals the agency must work towards, as wel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Federal Executive Departments
The United States federal executive departments are the principal units of the Federal government of the United States#Executive branch, executive branch of the federal government of the United States. They are analogous to ministry (government department), ministries common in parliamentary system, parliamentary or semi-presidential republic, semi-presidential systems but (the United States being a presidential system) they are led by a head of government who is also the head of state. The executive departments are the administrative arms of the president of the United States. There are currently 15 executive departments. Overview Structure Each department is headed by a secretary (title), secretary whose title echoes the title of their respective department, with the exception of the United States Department of Justice, Department of Justice, whose head is known as the United States Attorney General, attorney general. The heads of the executive departments are appointed by the p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Administrative Law
United States Federal Administrative Law encompasses statutes, rules, judicial precedents, and executive orders, that together form administrative laws that define the extent of powers and responsibilities held by administrative agencies of the United States government, including executive departments and independent agencies. Because Congress, the president, and the federal courts have limited resources to address all issues, specialized powers are often delegated to a board, commission, office, or other agency. These administrative agencies oversee and monitor activities in complex areas, such as commercial aviation, medical device manufacturing, and securities markets. Former Supreme Court Justice Stephen Breyer has defined the legal rules and principles of administrative law in four parts: (1) define the authority and structure of administrative agencies; (2) specify the procedural formalities employed by agencies; (3) determine the validity of agency decisions; and (4) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Regulation
Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. For example: * in government, typically regulation (or its plural) refers to the delegated legislation which is adopted to enforce primary legislation; including Land-use planning, land-use regulation * in economy: regulatory economics * in finance: financial regulation * in business, industry self-regulation occurs through self-regulatory organizations and trade associations which allow industries to set and enforce rules with less government involvement; and, * in biology, gene regulation and metabolic regulation allow living organisms to adapt to their environment and maintain homeostasis; * in psychology, self-regulation theory is the study of how individuals regulate their thoughts and behaviors to reach goals. Forms Regulation in the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Government Of The United States
The Federal Government of the United States of America (U.S. federal government or U.S. government) is the Federation#Federal governments, national government of the United States. The U.S. federal government is composed of three distinct branches: United States Congress, legislative, President of the United States, executive, and Federal judiciary of the United States, judicial. Powers of these three branches are defined and vested by the Constitution of the United States, U.S. Constitution, which has been in continuous effect since May 4, 1789. The powers and duties of these branches are further defined by Act of Congress, Acts of Congress, including the creation of United States federal executive departments, executive departments and courts subordinate to the Supreme Court of the United States, U.S. Supreme Court. In the Federalism in the United States, federal division of power, the federal government shares sovereignty with each of the 50 states in their respective t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
